A’s appeal and prosecutor’s appeal against the Defendants are all dismissed.

A. At the time of the instant case, Defendant A was in a state of mental disorder or mental disability due to the disorder of the participatory management in the state of drinking.

On the other hand, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

B. Each sentence (the defendant A: imprisonment with prison labor for 8 months and the defendant B) declared by the court below to the defendants is too uneasible and unfair.

2. Determination

A. On or around December 4, 2015, Defendant A was diagnosed by the Medical Treatment and Custody Office of the Ministry of Justice as “scopic explosion or mental disorder caused by alcohol use,” and it is recognized that Defendant A received a mental diagnosis with the purport that “a state of mental disorder was in a state of mental disorder at the time of committing the instant crime on or around August 20, 2015.” However, in full view of the background and process of the instant crime, and the Defendant’s actions before and after the instant crime, etc., it is insufficient to recognize that the Defendant was in a state of mental disorder or mental and physical disability at the time of committing the instant crime, and it does not appear that the Defendant had any mental disorder or mental and physical disability at the time of committing the instant crime, and otherwise, the Defendant and the Prosecutor’s assertion as to whether unfair sentencing is unfair.

The crime of this case is merely one of the following facts: Defendant A and B walked a trial cost in advance on the ground that the victim was bad, Defendant A and then Defendant A jointly with the victim for about 8 weeks of treatment, and subsequently, Defendant A suffered bodily injury, such as an internal wall ductation, which is in need of about 8 weeks of treatment, and the degree of assault is very differentiated, Defendant A committed the crime of this case during the period of repeated crime due to a special injury, Defendant A committed the crime of this case, including 3 times of punishment due to the crime of injury, and had a criminal record already been punished 4 times of total, including 3 times of punishment due to the crime of injury, and was active as “C” organization.